HomeMy WebLinkAbout025913 ORD - 08/24/2004AN ORDINANCE
ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2,
2004, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF
ESTABALISH1NG A PERMANENT AD VALOREM TAX FREEZE ON
RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE (65) YEARS OF
AGE OR OLDER OR DISABLED PERSONS AND ELIGIBLE SPOUSES;
PROVIDING FOR CONSIDERATION OF AMENDMENTS TO THE
CHARTER OF CITY OF CORPUS CHRISTI; PROVIDING FOR
PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR
NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING
FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES;
DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A
JOINT ELECTION WITH NUECES COUNTY; AND ENACTING
PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND
PURPOSE OF THIS ORDINANCE; AND DECLARING AN
EMERGENCY.
WHEREAS, the Texas Legislature in Article VIII, Section 1-b(h) of the Texas
Constitution requires that on receipt of a petition signed by five percent (5%) of registered voters
of the city, the governing body of the city shall call an election to determine by majority vote
whether to freeze the total amount of ad valorem taxes imposed on the homesteads of persons
with disabilities or persons sixty-five years of age or older and eligible spouses; and
WHEREAS, the City Council desires to place before the electorate of the City of
Corpus Christi proposed amendments to the Charter of the City of Corpus Christi; and
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the
governing body shall order elections pertaining to municipal aft'airs, give notice and appoint
election officers to hold the election; and
WHEREAS, Nueces County will also be conducting a general election on November 2,
2004.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION I. A Special City election (hereinafter the "Election") shall be held in the
City of Corpus Christi, Texas. on November 2. 2004, for the purpose of submitting to the voters
of the City a ballot proposition to determine by majority vote whether to freeze the total amount
of ad valorem taxes imposed on the residence homesteads of persons sixty-five (65) years of age
or older or disabled persons and eligible spouses.
SECTION 2. That the Election shall include consideration of amendments to the
Charter of the City of Corpus Christi.
: tdi3
SECTION 3. At the Election all the qualified voters of the City of Corpus Christi shall
be permitted to vote.
SECTION 4. Precinct ballot counters shall be employed at the election in accordance
with the Texas Election Code and the Election shall be held at the polling places in the regularly
prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto
incorporated by reference and made part of this ordinance. Ire Elect~on shall be held in
accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m.
to 7:00 p m. on the day of the Election. Testing of the precinct ballot counting equipment shall be
conducted as prescribed by the Secretary of State's directive "Alternate Method of Testing
Precinct Ballot Equipment".
SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of
the City Council and by law in accordance with the joint election agreement to be entered into
with Nueces County. He is directed to request consideration by the U. S. Department of Justice
of the submission of any change herein which requires preclearance, and to provide such
demographic dala and information as required by la',~.
SECTION 6. Paper ballots and precinct ballot counters shall be used for the conduct of
the Election on election day and tbr early voting Early voting in person at each of the temporary
branch polling places shall be conducted as lbllows:
Such early voting in person may be conducted at the main early voting polling place
locatcd in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary
branch polling places set forth in Attachment B, incorporated by reference and made a part of
this ordinance.
In addition, early voting in person may be conducted at the mobile temporary branch
polling places set forth in Attachment C, incorporated by reference and made a part of this
ordinance, during the days and hours specified therein. The City Secretary is authorized, in the
evenl of an emergency, preventing any of the designated polling places from being utilized, to
provide for suitable replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts.
SECTION 7. The City Secretary is directed to post and publish such election notices as
arc required by the Election Laws of the State of Texas. The City Secretary is further appointed
as the authority and officer responsible for the conduct of said election and is hereby authorized
and directed to make all necessary arrangements for the holding of said election in accordance
with and subject to the laws of this State including but not limited to coordinating the election
process, including use of tabulation equipment, supplies and printing of ballots, in accordance
with the joint election agreement to be executed with Nueces County.
SECTION 8. At the Election, the voters shall be presented with the following
prolx~sition (in English and Spanish) in the forn~ prescribed by the Texas Election Code:
8/24/2004-2 38 PM
PROPOSITION
PERMANENT AD VALOREM TAX FREEZE
FOR
AGAINST
THE ESTABLISHMENF OF A PERMANENT AD VALOREM TAX FREEZE ON
RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE (65) YEARS OF AGE OR
OLDER OR DISABEED PERSONS AND ELIGIBLE SPOUSES.
SECTION 9. At the Election, the voters also shall be presented with the following
propositions (in English and Spanish) in thc form prescribed by the Texas Election Code
concerning amendments to the Charter of the City of Corpus Christi:
Ballot Language.
FOR
AGAINST
CtlARTER AMENDMENT NO. I
UPDATING THE PROVISIONS CONCERNING INITIATIVE AND REFERENDUM
IN ORDER TO COMPLY WITH NEW LAWS AND ELECTION PROCEDURES.
Effect et'Amendment.
Adoption of Charter Amendment No. I would amend the City Charter, ARTICLE I,
HOME RULE GOVERNMENT, Section 4 (c)(2) and (c)(3), (d) and (f), Initiative and
Referendum, as follows:
Section 4. Initiative and Referendum.
(c) Any fifty registered voters may commence initiative proceedings and any five
registered voters ma)' commence referendum proceedings by filing with the city secretary
a statement that they intend to circulate petitions calling for an initiative or referendum.
The statement shall include the following:
(1) The names and addresses of the registered voters commencing the
proceedings:
(2) The full text of the ordinance being proposed by initiative or the full text of
the ordinance to be reconsidered by referendum: and
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(3) The name and address of the registered voter who is designated to receive all
communications from the city secretary and citY' attorney under this section.
(d) In the case of an initiative, the city attorney shall draft an ordinance in
legal form, consistent with the lav~s of the state and the United States, incorporating in
substance the text submitted. The city council shall present the initiative or the request for
referendum to the city council at its next regular meeting. Forty-five days from the date
of presentment shall be allotted to the city council to consider the adoption of such
ordinance by initiative. In the case of referendum, the statement commencing the
referendum proceedings must be filed no later than the tenth day after the city council
adopts the ordinance and the city council shall have until the adjourmnent of the next
regular city council meeting followinR receipt of the statement to reconsider such
ordinance.
(e) In the event the council fails to take the proposed action within the time
allotted, the city secretary shall furnish to the proponents petition pages for circulation
among the registered voters of the city. Each petition page shall contain the following:
(1) A summary not to exceed one hundred words stating in substm~ce the
initiative or referendum measure to be considered by the voters and the notation that the
full text of the ordinance is available lbr inspection at the office of the city secretary;
(2) '[he printed name, address and registration number of each voter signing
the petition:
(3) The signature of each signer in ink and the date of signing; and
(4) The date of issuance of the petition by the city secretary and, in the case of
a referendum petition, the names and addresses of the five persons who initiated the
procedure.
(t) All petition pages comprising an initiative or referendum petition shall be
assembled and filed with the city secretary as one instrument within ninety days from the
date of issuance of the forms for such purposes by the city secretary. Within twenty days,
the city secretary shall determine whether the same is signed by at least five percent of
the registered voters of the city. The procedures for filing supplementary petition pages
with the city secretary for recall petitions shall also apply to initiative and referendum
petitions. If the certificate of the city secretary shows the initiative or referendum
l~etition to have total signatures of registered voters in number that is less than the
required five percent, the city secretary shall notify the person filing the petition, and it
may be supplemented within ten days from the date of the city secretary's notice by filin~
supplementary petition pares as provided by the citv secretary bearing signatures of other
retistered voters. Within ten da,/s after such supplementary pages are filed, the city
secretary shall again examine the original petition, as supplemented, and shall certify the
results thereof to the council at its next regular meeting.
Ballot Language:
FOR
AGAINST
CHARTER AMENDMENT NO. 2
UPDATING THE PROVISIONS CONCERNING CITY COUNCIL ELECTIONS,
COUNCIL MEETINGS, AND THE MAYOR'S VETO POWER AND RECALL
ELECTIONS IN ORDER TO CONFORM THE PROCEDURES TO NEW STATE
LAWS AND CITY COUNCIL MEETING DATES.
Effect qf Amendment.
Adoption of Charter Amendment No. 2 would amend the City Charter, ARTICLE II,
CITY COUNCIL, Section 1, Membership and Term; Section 3, Runoff Elections; Section 6,
Mayor's veto power and general powers; Section 14(e), Meetings of the Council; Section 20,
Filing, Examination and Certification of Petition; and Section 21, Recall Election, as follows:
Article II, City Council, Section 1. Membership and Term
(a) The city council shall consist of eight council members and a mayor. Five
council members shall be elected by majority vote from single member districts, each
member being a resident of his or her respective district and each district having as near
as practical the same population; three council members shall be elected at large by
plurahty vote with winners required to gain at least twelve percent of the total votes cast
for all candidates for all at large council member positions; and the mayor shall be
elected at large by majority vote. The city council shall by ordinance equalize the single
member districts as required by law; provided, however, no such ordinance shall be
enacted less than ninety days before a regular election.
(b) The mayor and members of the city council shall be elected for terms of two
years and shall hold office until their respective successors have been elected and
qualified. The regular election shall be held in odd-numbered years on the first Saturday
in April unless the city council designates an alternative Saturday in April or the next
available uniform election date allowed by state law at least six three months prior to the
regular election.
(c) All council members shall take office at the first council meeting after the
votes are canvassed from the regular election; provided, however, that in the event a run-
off election is required, all council members shall take office at the first council meeting
after the votes are canvassed from the run-off election.
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(d) No person shall serve more than four two-year terms consecutively as a
council member, or lbur two-year terms consecutively as mayor, or six two-year terms
consecutively in any combination of such offices. A person who has reached the
limitation on terms provided in this section shall be eligible for election or appointment to
the city council after not serving on the city council lbr one full term of office, rTk;~
provision shall take effect beginning with the terms of office commencing in April 1993.
Terms of office served prior to such date shall not count toward this limitation.]
Article II, City Council Section 3, Runoff'elections
(a) If no candidate for mayor receives a majority of all votes cast for such
office at any regular or special election, there shall be held on thc second Saturday
following any such election a run-off election at which the two candidates receiving the
highest number of votes in the regular or special election shall stand for election.
(b) If no candidate lbr city council from a given single member district
receives a majority of all votes cast lbr such office at any regular or special election, there
shall be held on the second Saturday following any such election a run-off election at
which the two candidates receiving the highest number of votes in the regular or special
election shall stand for election.
(c) If fewer than three candidates for at large city council positions receive a
plurality of at least twelve percent each of the total votes cast for all at large city council
candidates, there shall be held on the second Saturday following any such election a run-
offelection at which:
(1) If no candidate received at least twelve percent of the total votes cast for
all candidates for the at large positions in the regular or special election, the four
candidates receiving the highest number of votes shall stand for electiom
(2) If only one candidate received at least twelve percent of the total votes
cast for all candidates for at large positions in the regular or special election, the next
three candidates receiving the highest number of votes shall stand for election; or
(3) If two candidates received at least twelve percent of the total votes cast for
all candidates lbr at large positions in the regular or special election, the next two
candidates receiving the highest number of votes shall stand for election. The winners in
any such run-off election for at-large positions shall be determined by a plurality vote.
(d) The run-off election shall be held on a Saturday followint~ the official canvass
set bv the city council at least tNree months prior to the regular erection allowin~
sufficient time to com'olv with the requirements of the Texas Election Code.
Article I1, City Council, Section 6. Mayor's veto power and general powers.
8/2q/2004-2:58 PM
(a) Every ordinance, resolution or motion passed by the council shall, before
it takes effect, be presented to the mayor for his or her approval and signature. If he or
she approves it, he or she shall sign, but if he or she disapproves it he or she shall state his
or her objections thereto in writing and return it to the next regular meeting of the council
within seven days after presentation with his or her veto. If he or she does not return it
with such disapproval nor sign it, such motion, ordinance or resolution shall, upon the
expiration of the time for its return to the council, be in effect and force as if he or she
had approved it.
(b) In case of veto of any ordinance, resolution or motion by the mayor, the
council may pass same over his or her veto by the affirmative vote of a majority of the
council. If the mayor's veto is sustained, the matter shall not come before the council
again within six months without the previous written consent of the mayor. The mayor
may veto all or any item of any ordinance making appropriations but the veto shall
extend only to the item disapproved. Those items which he or she approves shall become
effective, but those disapproved shall not become effective unless passed over his or her
veto as herein specified.
(c) The mayor shall have the power to administer oaths and exercise such
other powers, prerogatives and authority a_s are conferred on him or her by this charter
and state and federal law.
Article Il, City Council, Section 14(e). Meetings of the Council
(e) The ayes and nays shall be taken upon the passage of all ordinances or
resolutions and entered in the minutes. Every ordinance or resolution shall require on its
final passage, the affirmative vote of a majority of all council members holding office=
except those council members who are disqualified from votin~ under State law or CiW
ordinance.
Article II, City Council, Section 20. Filing, Examination And Certification of Pctition
All petition pages comprising a recall petition shall be assembled and filed with the city
secretary as one instrument. All petition silznatures must be made within one hundred
ei~zhtv (180) days from Thc date the petition is filed. Within twenty days after a recall
petition is so filed, the city secretary shall determine whether the same is signed by the
required ten percent of the registered voters. The city secretary shall declare void any
petition page which does not have an affidavit as required in the preceding section. If the
ccrtificate of the city secretary shall sho~ the recall petition to have total signatures of
registered voters in number less than thc required ten percent, the city secretary shall
notitS' the person filing thc pctilion, and it may be supplemented within ten days from the
date of such notice by filing supplementary petition pages bearing signatures of other
registered voters. Within ten days after such supplementary pages are filed, the city
secretary shall again examine the original petition, as supplemented, and shall certify the
results thereof to the council at its next regular meeting, stating the number of signatures
certified. If the petition, as supplemented, is found to have total signatures of registered
8/24,2()04-2 ~8 ?M
Article
voters in number less that the required ten percent, the city secretary shall return the
petition, as supplemented, to the person filing the same, without prejudice to the filing of
a new petition for the same purpose.
I1, City Council, Section 21. Recall Election
Whenever a recall petition is certified by the city secretary to have the signatures of the
required ten percent of registered voters and the council member whose removal is
sought does not resign within five days after such certification to the council, the council
shall forthwith order and hold a recall election within not less than thirty, nor more than
sixty days from certification at the next available election date under Texas law. In the
event at any one time there is before the council more than one recall petition certified by
the city secretary as to which the council is then obligated to order a recall election, the
council shall order and hol& one the same date, recall elections on all such petitions so
certified.
Ballot Language:
FOR
AGAINST
CHARTER AMENDMENT NO 3
UPDATING THE PROVISIONS CONCERNING THE APPROVAL OF BUDGETS
AND THE EXPENDITURE OF CITY FUNDS IN ORDER TO COMPLY WITH NEW
LAWS, COURT DECISIONS AND ACCOUNTING PRACTICES.
Effect of Amendment.
Adoption of Charter Amendment No. 3 would amend the City Charter, ARTICLE lV,
ADMINISTRATION, Sec. 2(c), Budget Content; Sec. 3, Interdepartmental Transfer of Funds;
Sec. 7, Funds in Treasury; Sec. 8, Money Deemed in Treasury, as follows:
Article IV, Administration, Section 2(c), Budget Content
(c) Expenditures in the proposed budget will not exceed estimated revenues
and funds available/Yom all sources.
Article IV, Administration, Section 3, Interdepartmental Transfer of Funds
Upon written recommendation of the city manager, the city council may at any
time transfer the unencumbered balance of an appropriation made for the use of one
department, division or purpose, to any other department, division or purpose; provided,
however, no such transfer shall be made of revenues or earnings of any municipally
Article
Article
owned utility, such as the water, gas or sewerage department, to any other department or
to any other purpose, with the exception of an)' utility required debt service.
IV, Administration. Section 7, Funds in Treasury
No contract, agreement or other obligation involving hhe an expenditure of money
requiring approval bv the City Council shall be entered into, nor shall any ordinance,
resolution or order for the expenditure of money be passed by the council or be
authorized by any officer of the city, except in the case hereinafter specified, unless the
director of finance first certifies to the council, or to the proper officer, as the case may
be. that the money required for such contract, agreement, obligation or expenditure is in
the treasury to the credit of the fund from which it is to be drawn and not appropriated for
any other purpose, which certificate shall be filed and immediately recorded. The sum so
certified shall not thereafter be considered unappropriated until the city is discharged
from the contract, agreement or obligation.
IV, Administration, Section 8, Money Deemed in Treasury
The tbllowing funds shall be considered moneys in the treasury:
(at All moneys actually in the treasury to the credit of the fund from which they are to
be drawn,
all moneys applicable to the payment of the obligation or appropriation involved that
are anticipated to come in the treasury before the maturity of such contract,
agreement or obligatiom from taxes~ ~ assessments, fees, fines, charges, revenues,
or from sales of service product, or by products, or from any city undertaking, fees:.
eharges, accounts and bills receivable, or other credits in process of collection,
all moneys applicablc to thc payment of such obligation or appropriation, which are
to be paid into the city treasury prior to the maturity of such contract, agreement or
obligation, and
and all moneys applicable to the payment of the obligation or appropriation involved
that are anticipated to come into the treasury before the maturity of such contract.
agreement or obligation, from moneys to be received from bonds, notes or other
obligations the city is lawfully authorized under state law or this charter to issue, and
which the city has authorized to be issued at one time or from time to time, and
which are to be delivered and payment therefore received before the maturity of
such contract, agreement or obligation, before the maturitv of such contract
agreement, or obligation thereof, arising from the sale or lease of lands or other
property, and moneys to be derived from la,M'ully authorized bonds sold and in the
process of delivery, shall, for the purpose of such certificate, be deemed in the
treasury to the credit of thc appropriate fund and subject to such ecrtification.
g/24,2004-2:58 PM
Ballot Language:
CHARTER AMENDMENT NO. 4
FOR
AGAINST
ALLOWING CITY EMPLOYEES, OTHER THAN MANAGERIAL EMPLOYEES
AND EMPLOYEES IN THE CITY SECRETARY'S OFFICE, TO PARTICIPATE IN
POLITICAL ACTIVITIES; PROVIDED THAT, NO POLITICAL ACTIVITIES MAY
BE CONDUCTED WHILE IN UNIFORM, ON DUTY, OR USING CITY
RESOURCES, AND NO COERCION OR RETALIATION IS ALLOWED.
Effecl qf Amendment'
Adoption of Charter Amendment No. 4 would amend the City Charter, ARTICLE VII,
EMPI,OYMENT REGULATIONS, Section 4. Participation in Political Activity, as follows:
With the exception of members of council, no employee or officer of the city shall in any
,xay participate in political activity of any nature while on duty, in uniform or upon city
prapc~y usinl~ city resources. With the exception of members of the managerial ~roup
and employees of the city secretary's office, officers and employees of the city may
participate in political activity; provided that, no coercion or retaliation concerning
political activity shall be allowed ...... a -- No members of the mana~zerial groul> or
employees of the city secretarv's office or officers of the city shall at any time take part
in any political actMty on city-related issues except to provide factual information at the
direction of the city manager, to express their own opinions privately, and to cast their
votes.
Ballot Language:
CHARTER AMENDMENT NO. 5
FOR
AGAINST
SIMPLIFYING THE EXISTiNG RESTRICTIONS CONCERNING CITY OFFICIALS
AND EMPLOYEES RUNNING FOR OTHER PUBLIC OFFICE IN ORDER TO
MAKE THE CURRENT PROVISIONS EASIER TO FOLLOW, WITHOUT MAKING
ANY SUBSTANFIVE CHANGES IN THE RESTRICTIONS
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Effecl of ~tmendment:
Adoption of Charter Amendment No. 5 would amend the City Charter, ARTICLE VII,
EMPI,OYMENT REGULATIONS. Section 5. Officers and Employees, Candidacies, as follows:
(a) A member of the city council may file as a candidate for nomination or
election to any public office, includin~ a position under this charter. Upon the election or
appointment to a non-City public office, such council member shall forfeit his or her
office as a member of the council.
(b) A member of a city board, commission or committee may file as a candidate
for nomination or election to any non-city public office. Upon the election or
ar~pointment to a non-City public office or upon the filin~ as a candidate for any position
under this charter, such board, commission or committee member shall forfeit his or her
position.
(c) A city employee may file as candidates tbr nomination or election to any non-
city public office and may sexwe in such position if elected or appointed, so lone as such
activities do not interfere with his or her city employment contrary to ordinances and
administrative regulations. If any city employee shall file as a candidate for nomination
or election to a position under this charter, such emr~loyee shall forfeit his or her
employment with the city.
Except as provided in this charter, no person elected to any office of the city shall,
during thc term for which he or she was elected, be appointed to an)' other office or
position in the service of the city. If an)' officer or employee of the city shall file as a
candidate for nomination or election to any public office, he or she shall forfeit his or her
office or employment, provided that a member of the council may file as a candidate for
election to a position under this charter Provided, further, thai a member of the council or
a member of a city board, commission or committee may file as a candidate for
nominalion or election to an)' noncity public office, but such person shall forfeit his or
her position if elected or appointed to such office. Provided, further, that employees may
file as candidates for nomination or election to an)' noncity public office and may serve in
such positions if ejected or appointed, so long as such activities do not interfere with their
city employlncnt contrary to ordinances and administrative regulations
[4/24/2(104-2:58 PM
Ballot Language:
CHARTER AMENDMENT NO. 6
FOR
AGAINST
ALLOWING CERTAIN LEASES FOR THE CONSTRUCTION OF BOAT SLIPS
AND DOCKING FACILITIES EO BE FOR TERMS NOT MORE THAN 15 YEARS
WITItOUT THE NECESSITY OF AN ELECTION, SIMPLIFYING THE
PROCEDURES CONCERNING SHORT-TERM LEASES LESS THAN 5 YEARS,
TRANSFERS OF LEASES. REGULAFION OF LEASES AND APPROVAL OF OIL
AND GAS I,EASES, AND UPDATING OTHER PROVISIONS TO CURRENT STATE
LAW AND COURT DECISIONS.
Effect qf Amendmem:
Adoption of Charter Amendment No. 6 would amend the City Charter, ARTICLE IX,
PUBLIC UTILITIES, FP,_ANCHISES AND LEASES. Section 2, Power to Grant Franchise or
Lease, as follows:
(a) ~he council shall have the power by ordinance to grant, renew, and extend
all franchises of all public utilities of every character operating within the city and all
leases of property of the city; and. with the consent of the franchise holder or the lessee,
to amend the same; provided, however, that
(1) No franchise shall be granted for a term of more than thirty years; and
(2) No lease covering any property of the city shall be granted for a term of
more than sixty years.
(3) No lease coverin~ any property of the City which lies under the waters of
Comus Christi Bay m~d was patented to the city by the State of Texas shall be ~ranted for
a term of more than five years unless approved by a majority of the cmalified voters of the
city, voting at an election duly called for such purpose, provided that leases for the
construction on use of boat slips or docking facilities may be granted for not more than
fifteen years without the necessity of an election required by this section.
No franchise or lease on an)' property of the city which lies under the waters of Corpus
Christi Bay and was patented to the city by the State of Texas shall be granted, renewed,
or extended for a term of more than five years unless there is submitted to the qualified
voters of the city, at an election duly called for such purpose, the question of whether or
8/24,2004-2:q8 PM
not the council should enact the particular ordinance granting, renewing or extending
such particular franchise or lease, and a majority of such qualified rotors voting at such
election favor thc enactment of the ordinance. The question of whether or not tho anuneil
should enact any particular franchise or lease for a term of five years or less may be
submitted to the qualified voters of the city; and in such event tho ordinance shall not be
enacted unless approved by a inajority of the qualified voters voting at such election.
(b) No lease covering any property of the city which lies under the waters of
Corpus Christi Bay and was patented to the city by the State of Texas shall grant to the
lessee any right to erect or maintain any structure or building with the exception of yacht
basins, restaurants, buildings for the housing of bay front concessions and uses permitted
by the city zoning ordinance in a bay front use zoning district.
Amend ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 3,
Ordinance Granting Franchise or Lease, as follows:
(a) Every ordinance granting, extending or amending a franchise or a lease of
property of the city shall be read at two regular meetings of the council, and shall not be
finally acted upon until the twenty-eighth day after the first reading thereof. Within five
days following each of the two readings of the ordinance, a description of the franchise or
lease, including the names of the parties, the term, payments to the city and the purpose
of the franchise or lease, shall be published one time in a newspaper of general
circulation in the city, and the expense of such publication shall be borne by the
prospective franchise holder or lessee. Copies of the full text of any such ordinance shall
be made available to the public at no charge in the office of the city secretary. With the
exception of any ordinance authorized by election provided herein, no ordinance
granting, renewing, extending or amending a lease or franchise of more than five years
shall become effective until the expiration of sixty days following the date of its final
adoption by the council, and every such ordinance shall be subject to referendum
procedure provided by state las~, Section 282.003, Texas Govemment Code, Artic!e
1181, Vernon's Texas Civil Statutes, as amended now or in the future.
(b) Notwithstanding any other provision of this charter, any ordinance
granting or authorizing the execution of a lease having a term of oe, e~j, eae five years or
less may be finally passed and the lease authorized without publication of any notice, and
in cases of declaration of emergency may be passed without necessity of two readings.
Amend ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 4, Transfer
of Franchise or Lease, as follows:
No franchise or lease of property of the city shall be transfen-ed by the holder
thereof except with the approval of the council expressed by ordinance, which approval
shall not be unreasonably withheld Council approval may be read at two consecutive
reeular council meetines of the council, or if an emergency is declared may be finally
read and approved at one reeular meetine of the council. Notwithstandin~ the forel~oing,
g/31/20044 28 PM
the city council may delegate to the city manager bv ordinance the authority to approve
routine transfers of franchises or leases and amendments designed to u~)date existine
franchises or leases to current city requirements.
Amend ARTICI.E IX, PUBEIC UTILITIES. FRANCHISES AND LEASES, Section 6,
Regulation of Leases. as follows:
Every grant, renewal, extension or amendment of a lease of property of the city,
whether so provided in the lease or not, shall be subject to thc right of the city:
(a) To terminate such lease at any time for failure of the lessee to comply with
the terms of the lease or the terms of this section, such power to be exercised only by
ordinance duly adopted after notice and hearing.
Amend ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 8, Leases
of Land or Interests in Land for Oil, Gas or Minerals, as follows:
(b) On the date specified in the notice, the city shall receive and consider any
and all bids submitted for the leasing of the mineral interests proposed to be leased. Upon
review of all the bids, and thc council shall award the lease or leases based on the bid or
bids determined to be most advantageous to the city The council shall have the right to
waive any defect, irregularity or informality in any bid or bidding procedure, and the
council shall have the right to reject any or all bids submitted.
Amend ARTICLE IX, PIJBLIC UTILITIES, FRANCHSES AND LEASES, Section 10, Public
Utilities, a.s follows:
tv) The city shall have power to own. maintain and operate, within or without the
city limits, any public utility, and the city council shall adopt appropriate ordinances for
the maintenance and operation thereof and fix the compensation to be charged therefor.
The city shall have power to purchase electricity, gas, oil or any other article used by the
public on such terms as the city may deem proper t'or sale and distribution to the
inhabitants of the city and adjacent territory; provided, that no contract of purchase
binding the city for a longer period than five years shall be valid unless authorized by a
majority vote at an election called for such purpose.
(b) The rate lbr each utility service operated by the City shall not be increased
in any fiscal year by more than six percent (6%) over the rate charged the preceding year;
provided, however, in the event of an emergency declared by the council with all
members voting "aye" on the increase, then a higher rate may be adopted on a temporary
basis for the next fiscal )'ear. Effective on voter approval.
8/24/2004 2:58 PM
Ballot Language:
CHARTER AMENDMENT NO. 7
FOR
AGAINST
UPDATING THE PROVISIONS CONCERNING GENERAL POWERS OF THE CITY
1N ORDER TO CONFORM IO NEW STATE I.AWS AND PROCEDURES.
E[]kct p[ Amendment:
Adoption of Charter Amendment No. 7 would amend the City Charter, ARTICLE X,
GENERAL POWERS AND PROVISIONS~ Section 1~ General Powers, as follows:
(a) The city shall have and tnay exercise, for any municipal purpose, all
powers applicable to home rule cities in the Texas constitution, statutes and codes, and
specifically including the powers presently enumerated in Article 1175, Texas Civil
Statutes, and formerly enmnerated in Article 1175. which have been codified m other
l~rovisions of Texas statutes and codes, and ,,,,hich may be added thereto at any time in
the future, and the following powers: to the fullest extent it deems necessary, desirable, or
convenienL, except as clearly prohibited or limited by state law or this charter:
(12) To assess the cost of street, sidewalk and related improvements against
abutting property owners and fix a lien against such abutting property in any manner
authorized by Subchapter E of Chapter 402, Texas Local Goverm'nent Code. and
ChaDters 312 and 313, Texas Transportation Code, Articles 1105b or 1086 through 1105,
Texas Civil Statutes, as the same may be amended in the future, or other state law, or any
city ordinance, which procedures are hereby adopted as alternatives which may be
exercised.
Amend ARTICLE X, GENERAl_. POWERS AND PROVISIONS, Section 2. Contracts, as
follows:
(a) All contracts shall be authorized by the city council, except that the city
manager may authorize contracts which do not require expenditures exceeding the limit
at which competitive bids are required under the Texas Local Government Code, as
amended, and may exceed that sum in the case of emergency which shall be reported to
the council.
(b) No contract shall be binding until it has been (1) signed by the city
manager or the manager's authorized representative, and (2) approved or objected to in
writing by the city attorney, which objection shall be filed with the city secretary.
Provided, however, as to standard contracts for multiple transactions, the city attorney
need only approve the standard form.
(c) All purchases and contracts must be competitively bid or proposed or
based u¢on a procurement ~nethod authorized by as rcq::~rcd state law. For any contract
that is based on competitive bids or proposal, after Afte~ approval of specifications by the
city manager, advertisement of such contracts shall be published in a newspaper of
general circulation in the city at least once in each week for two consecutive weeks,
inviting competitive bids or proposals. All bids or proposals submitted shall be sealed and
delivered in the mmmer rcquired by the specifications At the time announced in such
notice, the bids or proposals shall be opened in the presence of one or more city
employees designated by the city manager and in the presence of those bidders desiring
to be present, except that confidentiality may be provided in accordance with state law.
The council shall determine the most advantageous bid or proposal for the city. The city
shall always have the right to reject any and all bids or proposals. In the event all bids or
proposals arc rejected, thc city may call for new bids or proposals at its discretion, which
shall be advertised in like manner as the original.
(d) No contract shall ever be made which binds the city to pay for personal
services to be rendered for any stated period of time; but all contracts for personal service
shall be restricted to the doing of some particular act or thing, and upon its completion no
further liability shall exist on the part of the city.
SECTION 10. The City Secretary is directed to publish such Charter Amendments as
required by the Local Govermnent Code and to post and publish such election notices as are
required by the Election Laws of the State of Texas.
SECTION 11. The election shall be conducted in accordance with the agreement
between Nueces County and the City of Corpus Christi to hold a joint election on November 2,
2004. which shall be executed and attached hereto as Attachment D and incorporated herein. The
City Secretary is authorized to approve all lawful changes and additions to the procedures
provided herein in order to implement such agreement, including but not limited to provisions
for substations and mobile voting sites
SECTION 12. By approving and signing this ordinance, the Mayor officially confirms
and orders as his actions all matters recited in this ordinance which by law come within his
jurisdiction.
SECT1ON 13. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional
by final judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, work. or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or
provision hereof be given full force and effect for its purpose.
SECTION 14. That upon request of thc Mayor or five Council members, copy attached.
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficicnt and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings so
that this ordinance is passed and takes cffect upon first reading as an einergency measure this the
24th day of August. 2004.
ATTEST:
Armando ~
I.EGAL FORM APPROVED:
L . .2004.
Mar3> IC4~ Fis~lJ~er, City Altome
BY:
THE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
TO TIlE MEMBERS OF THE CITY COUNCIl,
Corpus Ctuisti, Texas
For the reasons sel [brth in the emergency clause of the foregoing ordinance, an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at thc present meeting of the City Council.
Respectfully,
Respectfully,
Sa~muel L. e~al,~ayo~
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal,
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
PRECINCT
1
2
3
4
5
6
7
8
*9
'15
'16
17
18
'19
ATTACHMENT "A'
CITY OF CORPUS CHRISTI
SPECIAL ELECTION
NOVEMBER 2, 2004
POLLING PLACE AND ADDRESS
First Presbyterian Church
430 S. Carancahua
Windsor Park School
4525 S. Alameda
Cedar Ridge Townhomes
4445 Cedar Pass
Kostoryz Elementary School
3602 Panama
Hamlin Middle School
3900 Hamlin
Ethel Eyerly Community Center
654 Graham Road
Oak Park Special Emphasis School
3701 Mueller
Fire Station No. 4
2338 Rodd Fied Road
Calallen Middle School
4602 Cornett
The People's Baptist Church
6650 Old Brownsville Road
London School
350 London Road
Smith Elementary School
6902 Williams
Ronnie H. Polston County Building
10110 Compton Road
Port Aransas Community Center
408 S. Alister
PRECINCT
20
21
*23
24
26
29
30
31
32
33
34
38
39
40
41
POLLING PLACE AND ADDRESS
Galvan Elementary School
3126 Masterson
Kiwanis Recreation Center
3933 Timon Blvd.
R~ver Hills Baptist Church
16318 FM 624
West Oso High School
5202 Bear Lane
Grace Presbyterian Church
6301 Yorktown
Luther Jones Elementary School
7533 Lipes Avenue
Oveal Williams Senior Center
1414 Martin Luther King
Leal Residence
1217 10th Street
Blanche Moore Elementary School
6121 Durant
George Evans Elementary School
1315 Comanche
Our Lady of Mount Carmel
1090 Clarkwood Road
Brooks Chapel A.M.E. Church
2101 N. Port
South Bluff United Methodist
1329 7th Street
Island Presbyterian Church
14030 Fortuna Bay
Bonilla Building (Atrium)
2727 Morgan Street
PRECINCT
42
43
44
45
46
47
48
49
50
51
52
53
56
57
58
POLLING PLACE AND ADDRESS
Citko Deli
2766 Santa Fe
Wm. Travis Elementary School
3210 Churchill
Zavala Senior Center
510 Osage
George Wiggins Homes
2320 Buford Street
South Texas Institute for the Arts
2021 Agnes
Ben Garza Gym
1815 Howard
Abiding Savior Church
4326 McArdle
Scott Vetters Scout Hut
3221 McKinzie
Lindale Recreation Center
3133 Swantner
Gibson Elementary School
5723 Hampshire
Korean Presbyterian Church
3757 Up River Road
Sam Houston Elementary School
363 Norton
La Armada Boys & Girls Hall
1455 Southgate
Del Mar College (Harvin Center}
101 Baldwin
Menger Elementary School
2401 S. Alameda
PRECINCT
59
60
61
62
63
64
65
66
67
68
69
70
71
72
POLLING PLACE A.ND ADDR-E~S
Incarnate Word Academy
2930 S. Alameda
AdulL Learning Center
3902 Morgan Avenue
Teenage Mothers Schools (TAMS)
3109 Carver
Wynn Seale Middle School
1707 Ayers Street
Parkway Presbyterian Church
3707 Santa Fe
Wilson Elementary School
3925 Fort Worth
Montclair Elementary School
5241 Kentner
Fire Station No. 7
3722 S. Staples
Kaffie Middle School
5922 Brockharnpton
Coastal Bend Hearing Aide Center
3061 S. Staples
Baker Middle School
3445 Pecan
AiTowsmith Apartments
5701 Williams Drive
Lexington Elementary School
2901 McArdle
Central Park Elementary School
3602 McArdle
73 James W. Fannin Elementary School
2730 Gollihar
PRECINCT
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
POLLING PLACE AND ADDRESS
Cunningham Middle School
4321 Prescott
David Crockett Elementary School
2625 Belton
Port Avenue Drugs
913 Port Avenue
Lozano Elementary School
550 Osage
John F. Kennedy School
5040 Rockford
Miller High School
1 Battlin Buc
Skinner Elementary School
1001 Bloomington
Christus Spohn Family Center/Padre
14202 S. Padre Island Drive
Fire Station #9
501 Navigation
Alexander Tile
1901 Baldwin Blvd.
C.C. Area Council for the Deaf
5151 McArdle
T.G. Allen Elementary School
1414 18th Street
Recio's Restaurant
3150 S. Alameda
Carroll Lane Elementary School
4120 Carroll Lane
Second Baptist Church
6701 Staples
PRECINCT
89
90
91
92
93
94
95
96
97
98
99
100
101
'103
POLLING PLACE AND ADDRESS
Sunrise Baptist Church
5730 Kimbrough
Fire Station # 11
910 Airline
Coral Cay Apartments
1234 Nile
Cullen Place Middle School
5224 Greely Place
Water Utility Building (Conference Room)
2726 Holly Road
Wm. Calk Elementary School
4621 Marie Street
Ss. Cyril & Methodius Church (Room El)
3210 S. Padre Island Drive
Church of Christ
3001 Norton Street
Rosas Garage
4462 Dinn Street
Moody High School
1818 Tr~an Drive
West Heights Baptist
642 Scott
Tuloso-Midway Intermediate School
1925 Tuloso Road
Rand Morgan High School
2653 McKinzie
Tuloso-Midway Middle School
9380 LaBranch
106 Tom Browne Middle School
4301 Schanen
PR~,CINCT
*107
109
110
*111
112
113
114
115
116
117
118
119
120
121
POLLING PLACE AND ADDRESS
McGee Elementary School
4201 Calallen
King High School
5225 Gollihar
Hilltop Community Center
11425 Leopard Street
LULAC West Apartments
10702 IH 37
Schanen Estates Elementary School
5717 Killarmet
Garcia Elementary School
4401 Greenwood
St. John's Baptist Church
5445 Greenwood
Club Estates Elementary School
5222 Merganser
Elliott Grant Middle School
4350 Aaron
Flour Bluff High School (Auditorium)
2505 Waldron Road
Most Precious Blood Church
3502 Saratoga
Fire Station # 14
5901 S. Staples
Woodlawn Elementary School
1110 Woodlawn
C.P. Yeager Elementary School
5414 Tripoli
122 Flour Bluff lSD (Maintenance Dept.)
2505 Waldron Road
PRECINCT POLLING PLACE AND ADDRESS
123
Calallen East Elementary School
3709 Lott Avenue
124
Cimarron Senior Apartments
2802 Cimarron Blvd.
125
Mireles Elementary School
7658 Cimarron Blvd.
* Indicates partially inside and outside City limits.
ATTACHMENT "B'
EARLY VOTING SUBSTATIONS
NOVEMBER 2, 2004
JOINT ELECTIONS
Hours of Operation
October 18 - October 22
October 23
October 24
October 25 - October 29
8:00 am to 5:00 pm
7:00 am to 7:00 pm
12:00 pm to 5:00 pm
7:00 am to 7:00 pm
10.
11.
12.
Nueces County Courthouse
901 Leopard, Corpus Christi, Texas
Johnny S. Calderon County Building
710 E. Main, Robstown, Texas
Nueces County Bishop Community Center (Precinct 2)
102 W. Joyce Street, Bishop, Texas
Port Aransas Community Center
408 N. Alister, Port Aransas, Texas
Ronnie H. Polston County Building
10110 Compton, Corpus Christi, Texas
Corpus Christi Area Council for the Deaf
5151 McArdle, Corpus Christi, Texas
Greenwood Senior Citizens Center
4040 Greenwood, Corpus Christi, Texas
Hilltop Community Center - Annaville
11425 Leopard, Corpus Christi, Texas
City of Corpus Christi
1201 Leopard, Corpus Christi, Texas
Del Mar College
Baldwin & Ayers, Corpus Christi, Texas
Molina Neighborhood Center
614 Horne Road, Corpus Christi, Texas
Fire Station No. 15
14202 Commodores
MOBILE EARLY VOTING CALENDAR
NOVEMBER 2, 2004 GENERAL ELECTION
OCTOBER 2004
TOWER II HOBBY LOBBY
NUECE$ COUNTY HALF PRICE
COMMUNITY BOOKSTORE
CENTER ~25S Padre
YWCA HOME DEPOT
1 2 3
ELEC~ON
DAY
7:00 A.M.
TO
7:0~ P.M.